How to amend a divorce decree

Marriage is a family affair and so is Divorce . If the parties decide to go for divorce, they can either apply for a divorce by mutual consent or go for a contested divorce. When we discuss the concept of modifying the divorce decree it is to be noted that this is not available as a remedy for everyone. In India, the concept of amendment of a divorce decree has not been addressed under law specifically. However, the concept of alimony and maintenance amendment has been exclusively defined under the heading of permanent alimony. Apart from this limitation, some personal laws have not even mentioned the amendment of a divorce decree in India.

Let us start by analyzing what this concept talks about:

Under the Indian Divorce Act, 1869

Section 37 mentions the power to order permanent alimony. Under this provision, the Court has the power to pass orders on account of changed circumstances after a decree for divorce has been passed.

Under The Hindu Marriage Act, 1955

Section 25(2) mentions Permanent alimony and maintenance. Here they have changed the concept slightly to accommodate the right of the wife for permanent alimony and maintenance. The court has the power to grant such amount of maintenance to the party and If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under subsection (1) (where the court has the power to grant a sum of amount as alimony), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

Consult: Top Divorce Lawyers in India

Under The Parsi Marriage and Divorce Act, 1936

Section 40 mentions Permanent alimony and maintenance yet again and gives the same meaning to it as under the Hindu Marriage Act , 1955. Here as well the Court has the power to grant such amount of maintenance as it deems fit. Again if there is a change in the circumstances of the parties the court may either party, vary, modify or rescind such order in such manner as it may deem fit.

Under The Dissolution of Muslim Marriages Act, 1939 and The Muslim Women (Protection of Rights on Divorce) Act, 1986

There is no such power vested with the Court where it can amend the decree of divorce for alimony grounds. But here comparatively Section 125 of the Criminal Procedure Code can come into play where the party can approach the court for maintenance as a separate right than the right under these acts.

Above mentioned interpretation of laws are for information purpose only. Consultation from a lawyer should be taken before filing an application for amendment of a decree of divorce.

How can a Lawyer help you?

Divorce is a stressful time for everyone involved. Hiring an attorney to complete a divorce is one way to reduce the stress of the divorce. While the attorney will need to gather information from you regarding the case, he or she will also take care of all the paperwork, allowing you more time to take care of yourself and your family. An experienced divorce attorney can give you expert advice on how to handle your divorce owing to his years of experience in handling such cases. You can also use LawRato's Free Legal Advice service to get free advice on your case from expert divorce/matrimonial lawyers. A divorce lawyer is an expert on the laws and can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. Thus, by hiring an attorney a person can make sure that he can avoid delay and get the divorce completed as quickly as possible.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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